Statutory Issues Related to Investigations
Consent Exception
The consent exception is especially important when one wants to use a pen\/trap device on a government phone or computer. The Designated Approving Authority is generally deemed to be the owner of the phones under his or her jurisdiction. Thus, DAAs can provide consent for non-residential government phones under their jurisdiction. Ensure you follow your Service or Agency guidelines on obtaining appropriate approvals for the use of pen\/trap devices for a law enforcement or counterintelligence purpose under the consent exception.
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